Suspected drink-driver who refused to give sample is banned from the road

Chesterfield magistrates' court.

Published:13:58Sunday 23 April 2017

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A motorist who refused to give a blood sample after he was suspected of drink-driving has been banned from the road.

Chesterfield magistrates’ court heard on Tuesday, April 18, how Samuel Ian McCann, 41, of Brunswood Road, Matlock Bath, was reported to police after a witness heard a banging sound and saw him leave his car next to a mini-roundabout on Church Lane, Baslow.

Prosecuting solicitor Emma Shooter said: “A witness heard a bang and saw a car parked next to a mini-roundabout with its hazard lights on and it had damage to the front nearside.

“The defendant was then seen walking to Rowley’s pub and restaurant and police went to the pub and found the defendant struggling to sit up and he was slurring his words and he had a couple of open cans of Strongbow cider with him.”

Ms Shooter said McCann originally refused to take a breath test but did provide a test reading at a police station but when this was regarded as a failed reading he was asked to give a sample of blood but declined to do so.

McCann pleaded guilty to failing to provide a specimen of blood as part of an investigation after the incident on April 3.

Defence solicitor Rob Sowter said McCann, who works as a cleaner, cannot remember why he refused to give a sample of blood when he was asked to do so.

Mr Sowter said he had previously given a breath sample and had been co-operative until the last minute.

Magistrates fined McCann £120 and ordered him to pay £85 costs and a £30 victim surcharge.

He was also disqualified from driving for 15 months but if he completes a drink-drive rehabilitation course the ban could be reduced by 16 weeks.